On May 29, 2026, Governor Abigail Spanberger vetoed Virginia’s closely watched class action legislation, preserving Virginia’s status as one of only two states in the country (the other one being Mississippi) without a general state-court class action procedure. The veto halts what would have been a major shift in Virginia civil litigation and consumer protection law.… Continue Reading
class actions
Virginia Moves Toward State-Court Class Actions: A Major Shift with Significant Business Implications
By Thomas Burke, Alan S. Kaplinsky & John Sadler on
Posted in State Regulation
Virginia is on the verge of making a consequential change to its civil justice system. Legislation now pending before Governor Abigail Spanberger would authorize private class actions in Virginia state courts and make significant amendments to the Virginia Consumer Protection Act (“VCPA”). If signed, Virginia would join virtually every other state in expressly permitting class action procedures in its own courts.… Continue Reading
California Court of Appeal allows plaintiff to bring willful FCRA claims as class action before jury
By Michael Fausey on
Posted in Fair Credit, Litigation and Court Decisions
In a rare development, a California state court of appeals has opined on the requirements for obtaining authorization for background checks pursuant to the Fair Credit Reporting Act.
In Hebert v. Barnes & Noble, Inc., the plaintiff filed a putative class action against retailer Barnes & Noble, contending it willfully violated the FCRA by providing job applicants with a disclosure that included extraneous language unrelated to the topic of consumer reports. … Continue Reading
Eleventh Circuit Rejects Administrative Feasibility as a Prerequisite for Class Certification
By Lindsay C. Demaree on
Posted in Litigation and Court Decisions
The Eleventh Circuit has joined the Second, Sixth, Seventh, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite for class certification. The decision reverses unpublished Eleventh Circuit authority and deepens a circuit split with the First, Third, and Fourth Circuits on the issue.
In Cherry v. Dometic Corporation, 18 owners of gas-absorption refrigerators manufactured and sold by Dometic Corporation sued the company over alleged product defects.… Continue Reading
State AGs urge SCOTUS to review Ninth Circuit cy pres class action settlement decision; DOJ to step up CAFA class action settlement review
By Barbara S. Mishkin on
Posted in Federal Agencies, Regulatory and Enforcement
A bipartisan group of 16 state attorneys general has filed an amicus brief in support of a petition for certiorari asking the U.S. Supreme Court to review a Ninth Circuit decision upholding the district court’s approval of a class action cy pres settlement. The petition was filed by objectors to the settlement.… Continue Reading